December 2022 Archive | Court of Appeals Court Opinions

            Appeal from the Iowa District Court for Story County, Amy Moore, Judge.  AFFIRMED.  Considered by Vaitheswaran, P.J., and Greer and Schumacher, JJ.  Opinion by Schumacher, J.  (8 pages)

            Owen appeals the district court’s grant of summary judgment for claims of fraud and negligence.  OPINION HOLDS: We determine Owen failed to generate a material fact question that Hunziker’s agent had actual knowledge of an underground oil tank or that the agent acted with reckless disregard.  Finally, Owen failed to demonstrate the standard of care required of the agent.  Accordingly, summary judgment was appropriate.  We affirm.  

            Appeal from the Iowa District Court for Dubuque County, Thomas A. Bitter  and Monica Zrinyi Ackley, Judges.  AFFIRMED.  Considered by Tabor, P.J., and Schumacher and Chicchelly, JJ.  Opinion by Chicchelly, J. (5 pages)

            Alexander Carman appeals the sentences imposed by the district court following his guilty pleas entered pursuant to a plea agreement.  Carman contends the court considered an improper sentencing factor.  OPINION HOLDS: Because unchallenged factual admissions made during the presentence investigation may be considered for sentencing, we find no abuse of discretion and affirm the sentences imposed.

            Appeal from the Iowa District Court for Henry County, Wyatt Peterson, Judge.  AFFIRMED.  Considered by Ahlers, P.J., and Badding and Chicchelly, JJ.  Opinion by Ahlers, P.J. (5 pages)

            Renee Kimbrough appeals following her guilty plea.  She claims the State breached the plea agreement with its sentencing recommendation and the district court abused its discretion when it sentenced her to incarceration.  OPINION HOLDS: The State did not breach the plea agreement because the agreement permitted the parties to “argue sentencing” and did not contain a required sentencing recommendation.  The court did not abuse its discretion in fashioning its sentence.

            Appeal from the Iowa District Court for Worth County, Adam D. Sauer, District Associate Judge.  AFFIRMED.  Considered by Bower, C.J., Tabor, J., and Blane, S.J.  Opinion by Tabor, J.  (8 pages)

            A father appeals the private termination of his parental rights to his two children by their mother.  He also contends the mother failed to adhere to parenting guidelines issued by the state of South Dakota.  OPINION HOLDS: We find the father failed to prove the enforceability of the South Dakota guidelines.  Because the mother presented clear and convincing evidence that the father abandoned the children and termination would be in their best interest, we affirm.

            Appeal from the Iowa District Court for Marshall County, Paul G. Crawford, District Associate Judge.  AFFIRMED.  Considered by Bower, C.J., and Tabor and Buller, JJ.  Opinion by Tabor, J.  (7 pages)

            A mother appeals the termination of her parental rights to her six-year-old daughter.  OPINION HOLDS: Because the father proved that the mother’s unabated use of methamphetamine and unaddressed mental-health needs prevented her from having safe interactions with M.K., we affirm the termination of parental rights.

            Appeal from the Iowa District Court for Washington County, Myron Gookin, Judge.  AFFIRMED.  Heard by Bower, C.J., and Greer and Badding, JJ.  Opinion by Greer, J.  (19 pages)

            Ashley Wieland appeals the decree dissolving her marriage to Jacob Wieland.  She contests the district court’s award of joint physical care, claiming she should be the physical-care parent for the parties’ two minor children.  She also asks to be credited for half of the approximately $63,000 of mortgage debt on Jacob’s farm that she claims was paid down with marital funds.  Jacob asks us to affirm the dissolution decree and award him $8000 in appellate attorney fees.  OPINION HOLDS: We affirm the district court award of joint physical care and its denial of Ashley’s request to be credited for the reduction in Jacob’s farm debt.  While he has been wholly successful on appeal, we decline to award Jacob appellate attorney fees. 

            Appeal from the Iowa District Court for Bremer County, Dedra L. Schroeder, Judge.  AFFIRMED.  Considered by Vaitheswaran, P.J., and Ahlers and Buller, JJ.  Opinion by Buller, J.  (6 pages)

            Lucas Shane appeals from the order dismissing his petition for dissolution of marriage, arguing he and Marie Walters were in a common law marriage.  OPINION HOLDS: While some of the record evidence cuts both ways, we agree with the district court’s finding that Shane did not carry his burden to prove a common law marriage.  Even if the persuasive value of the affidavit were greater, and it balanced out the countervailing evidence, we would still be compelled to uphold the district court’s ruling.  We affirm the district court’s dismissal of the petition for dissolution.  Assuming we have authority to award appellate attorney fees to Walters, we decline to do so.

            Appeal from the Iowa District Court for Dubuque County, Monica Zrinyi Ackley, Judge.  AFFIRMED AS MODIFIED AND REMANDED.  Heard by Vaitheswaran, P.J., and Ahlers and Buller, JJ.  Opinion by Ahlers, J.  (12 pages)

            John O’Brien appeals the district court’s refusal to modify his spousal support and child support obligations.  He also challenges the district court’s order for him to pay a portion of his former spouse’s trial attorney fees.  OPINION HOLDS: John’s loss of an income source amounts to a material change in circumstance and his former spouse requires less financial support.  So we reduce John’s spousal support obligation.  We also remand to the district court to determine the parties’ annual income and recalculate child support.  The court abused its discretion in awarding attorney fees, so we strike the award.

            Appeal from the Iowa District Court for Polk County, Paul D. Scott, Judge.  REVERSED AND REMANDED.  Considered by Ahlers, P.J., and Badding and Chicchelly, JJ.  Opinion by Chicchelly, J.  (3 pages)

            This appeal involves the interpretation of a divorce decree providing that holiday time takes precedence over the parties’ regular parenting schedule.  Finding there was a legitimate dispute over the interpretation, the district court ruled Cody Brigman was in default of the decree but not in contempt.  OPINION HOLDS: Because the holiday schedule does not impact parenting time outside of the times listed therein, we agree with Cody’s interpretation and find he was not in default.  Accordingly, we reverse and remand for entry of an order consistent with this opinion.

            Appeal from the Iowa District Court for Pottawattamie County, Charles D. Fagan, District Associate Judge.  AFFIRMED.  Considered by Vaitheswaran, P.J., and Ahlers and Buller, JJ.  Opinion by Buller, J.  (4 pages)

            A father appeals the termination of his parental rights.  OPINION HOLDS: The father did not preserve error on appeal because he never indicated he wished to participate in the termination proceeding. 

            Appeal from the Iowa District Court for Marion County, Erica Crisp, District Associate Judge.  AFFIRMED.  Considered by Tabor, P.J., and Schumacher and Chicchelly, JJ.  Opinion by Tabor, P.J.  (4 pages)

            A father appeals the juvenile court order rejecting his request to close the child-in-need-of-assistance (CINA) cases involving his two sons.  Because both children are in the sole custody of their two different mothers, the father contends juvenile court involvement is no longer necessary.  OPINION HOLDS: Although the juvenile court granted concurrent jurisdiction, we agree that closure of the CINA cases would have been premature because the father’s unaddressed domestic-violence, anger-management, and substance-abuse issues present an ongoing danger to both the children and their mothers.  We affirm.

            Appeal from the Iowa District Court for Pottawattamie County, Eric J. Nelson, District Associate Judge.  AFFIRMED ON BOTH APPEALS.  Considered by Tabor, P.J., and Schumacher and Chicchelly, JJ.  Opinion by Schumacher, J.  (9 pages)

            A mother and father separately appeal the termination of their parental rights.  They contend the State failed to establish a ground for termination.  They also allege termination was not in the best interests of the children.  The father claims his close bond with the children should preclude termination.  And the parents assert the Department of Health and Human Services failed to provide reasonable efforts to reunite the family.  OPINION HOLDS:  We find clear and convincing evidence supports a statutory ground for termination.  Termination is in the best interests of the children and any bond between the father and the children is insufficient to prevent termination.  Finally, the parents did not preserve their reasonable efforts claims.  We affirm.